LAND ACQUISITION OFFICER SUB COLLECTOR COONOOR Vs. PAPPAMMAL

JUDGEMENT

(1.) THE appeal is preferred by the Government against the order of the learned District Judge, Udhagamandalam in LAOP. No. 13 of 1989, dated 9. 5. 1996.

(2.) 1. The lands of an extent of 11. 32 acres situated in survey Nos. 1106/4a3, 1106/4b1, 1106/4c2 of Udhagamandamam were acquired by the government for housing a Dairy Complex at Udhagamandalam. The notification under Section 4 (1) of the Land Acquisition Act, 1894 was gazetted on 15. 12. 1980. 2. 2. The Land Acquisition Officer passed an award fixing the market value of the acquired land at Rs. 50 ,000 /-per acre. Not accepting the compensation awarded by the Land Acquisition officer, the claimants sought for reference under Section 18 of the Act for enhancement. 2. 3. The Sub Court, Udhagamandalam, by order dated 26. 9. 1983 in O. P. No. 38 of 1981, after considering the evidence, both oral and documentary, awarded compensation at the rate of Rs. 5 lakhs per acre to the claimants, Kasim Sait, Ahmed Sait, Ali Sait, who are arrayed as respondents 20 to 22 herein. In so far as other claimants are concerned, the Sub Court did not grant any relief. 2. 4. Aggrieved by the order of the Sub Court, the government filed an appeal before this Court in A. S. No. 388 of 1994 and this court, by judgment dated 11. 8. 1988, set aside the award passed by the Sub Court and remanded the matter for fresh disposal. Accordingly, the matter was taken on file by the District Court, Udhagamandalam and renumbered as L. A. O. P. No. 13 of 1989. The District Court, Udhagamandalam (for short, "the Reference court"), by judgment dated 9. 5. 1996, fixed the amount of compensation at rs. 2,40,000/- per acre besides awarding compensation for trees and crops standing therein. Questioning the same, the Government has preferred the present appeal.

(3.) MR. V. Ravi, learned Additional Government Pleader assailed the award of the Reference Court saying that the Reference Court, in spite of the directions of this Court in the earlier appeal to fix the market value of the lands as per Rules, fixed the amount of compensation arbitrarily at Rs. 2,40,000/ -. According to him, when the Reference Court relied on the sale deed in Ex. B-2, it should have taken the value mentioned therein and instead, the Reference Court on the basis of assumption arrived the market value at about Rs. 3 lakhs per acre and ultimately fixed the compensation at rs. 2,40,000/- per acre. He further contended that the Reference Court has not properly considered the sale deeds produced by the Government.